We take judicial notice of the fact that, for purposes of the application of CPLR 2221, the original IAS Justice on the order dated June 10, 2002 was unavailable. Therefore, the motion court could properly reconsider the prior order of a justice of coordinate jurisdiction rejecting, as untimely under 22 NYCRR 202.48, defendant's proposed settlement of an order granting its motion to dismiss the complaint for lack of jurisdiction to the extent of directing a traverse. We have...
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